Appellate Division of the Supreme Court of New York, 2012

Burgos v. Castro

Appellate Division of the Supreme Court of New York · Decided October 17, 2012

99 A.D.3d 848; 951 N.Y.2d 897

Cases that cite this one

2 later published cases cite this decision.

Breville v. Jerez (Appellate Division of the Supreme Court of New York 2013)
Breville v. Jerez (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*849The defendants met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, however, the plaintiff raised a triable issue of fact as to whether he sustained a serious injury to the cervical region of his spine within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Perl v Meher, 18 NY3d 208, 215-218 [2011]). Accordingly, the defendants’ motion for summary judgment dismissing the complaint should have been denied. Dillon, J.P, Balkin, Belen and Austin, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.